Date: Mon, 14 Dec 1998 08:14:03 -0800
From: Clare Howell
Subject: IYF - Analysis of Trya Hunter Wrongful Death Trial
MEDIA ADVISORY - FOR IMMEDIATE RELEASE
Editor: Clare Howell, clare@gpac.org
ANALYSIS: TYRA HUNTER WRONGFUL DEATH TRIAL
==========================================
[Washington, D.C.: 13 Dec 98] TRANSGENDER WOMAN TYRA HUNTER DIED
on 7 Aug 95 at D.C. General Hospital after having been in an auto
accident. On Friday 11 Dec 98, a D.C. jury awarded $2.8 million in
damages to Tyra's mother who had brought a wrongful death & survival
action against the District of Columbia, the supervising Emergency
Room physician, and an Emergency Medical Technician. Local trans-
gender attorney Dana Priesing attended each session of the trial.
This is her summary and analysis of the evidence underlying the
verdict.
"Tyra was knocked out by the crash, but by the time the
firemen arrived, she was conscious but dazed, and developing airway
trouble from teeth knocked into her mouth. Tyra looked female at
first glance, but in their initial injury assessment, a fireman
discovered Ty's male genitals, uttered the epithets ("This ain't
no bitch. It's a nigger. He's got a dick and balls."), and ceased
treating her. They failed to clear her airway for some period of
time while they laughed at her as the crowd yelled at them to get
to work. Other emergency personnel on scene approached some time
later, after treating the other injured passenger. They found Tyra
still lying on the grass, gagging and combative, apparently trying
to escape the taunting firemen. Supervisor Roulhac then arrived
and ordered Ty's airway cleared.
"Tyra reached the ER at 4:10 p.m. She was received as a
combative transgendered "John Doe" with breasts and male genitalia,
makeup and female clothes. Mysteriously, she was given Narcan,
which plaintiff's expert witness Dr. Baker termed a counter-
narcotic. With an elevated pulse and below normal blood pressure,
it was obvious that she was in hypovolemic shock (HVS). The blood
was not coming from her head or limbs. ER personnel X-rayed her
chest 20 minutes after she arrived. Those X-rays have disappeared.
"The contemporaneous notes said 'patchy haziness left lung
field,' 'heart pushed right.' A peritineal lavage suggested no
blood in the abdomen. In view of the HVS and lack of blood elsewhere,
Tyra's chest obviously needed further investigation. Yet from 4:45,
for the next half hour, the ER personnel did substantially nothing.
Blood had been ordered. It wasn't given. Lactated Ringers continued
to drip, but they didn't open the tap to speed it up as her fluid
volume fell. Somebody drew a little blood at 5:10 for a blood gas
test, but these results also disappeared.
"Tyra's pulse and blood pressure slowly fell, and she
suffocated from lack of oxygen in her blood. Dr. Baker testified
that the sensation would have been "sheer terror." A muscle relaxant
paralyzed her, and an amnesia drug would have prevented her remembering
(had she survived), but it wouldn't have prevented her from experiencing
that terror, as she lay there for over half an hour without treatment.
She died at 5:20 p.m. Only then did the ER staff insert a chest tube,
releasing at least 1500 ccs of blood, as well as air, that had built up
in her chest. They administered CPR (badly enough to mash her spleen),
then opened her chest and performed heart massage.
"The administration of the Narcan supports the inference that
a stereotype (namely that Tyra was an anonymous, drug using, TG street
person) affected the treatment she received. The ER staff, as evidenced
by their actions, did not consider her life worth saving; the post-death
CPR and heart massage were merely perfunctory, CYA measures, or a
practice opportunity. To the jury's credit, they looked beyond the
stereotype, discovered the human being, and recognized the injustice
done to her."
###
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============================================================
Date: Sat, 12 Dec 1998 08:49:52 -0800
From: Clare Howell
Subject: IYF - Tyra Hunter Wrongful Death Trial Verdict
MEDIA ADVISORY - FOR IMMEDIATE RELEASE
Editor: Clare Howell, clare@gpac.org
Contacts: Jessica Xavier, TheXGrrrl@aol.com
Dana Priesing, danapriesing@earthlink.net
JURY FINDS DICTRICT OF COLUMBIA GUILTY OF NEGLIGENCE AND
MALPRACTICE IN TYRA HUNTER'S DEATH
========================================================
[Washington, D.C.: 11 Dec 98] THE JURY IN THE TYRA HUNTER
wrongful death trial awarded Tyra's mother, Margie Hunter,
$2,873,000, finding the District of Comumbia guilty of
negligence and malpractice in Tyra's death in August 1995.
The jury of two men and six women reached the verdict after
three days of deliberations.
Tyra died at D.C. General Hospital after being in
an auto accident. Ms. Hunter had alleged that a D.C. EMT had
ceased treating Tyra at the accident scene when he discovered
Tyra's male genitals. The EMT then backed away and made joking
remarks about Tyra, leaving her unattended for 5-7 minutes.
Ms. Hunter also alleged that a D.C. General doctor did not
provide competent care in the emergency room. The jury found
the city guilty of both allegations.
The jury awarded: $100,000 for emotional harm suffered
by Tyra as a result of the epithets uttered at the scene;
$500,000 for damages attributable to the withdrawal of medical
care at the accident scene; $1,500,000 for conscious pain and
suffering endured by Tyra in the emergency room as the result
of medical malpractice; $400,000 for damages attributable to
Tyra's wrongful death; and $373,000 for damages attributable
to the loss of Tyra's estate (what she would have retained in
her estate after a lifetime of work, had she lived).
There is no word yet on whether or not the defense
will appeal. Said Dee Curry, Co-founder of Transgenders
Against Discrimination and Defamation (TADD), "The District
of Columbia must now take notice and assure that its employees
will treat all of its citizens fairly and equally. There can
be no dress code for human rights in this city."
###
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For prior releases, check the
GenderPAC website at:
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(c) 1998 InYourFace
GenderPAC's online news-only
service for gender activism.